Married Couples

Amendments made to the Family Law Act in 2002 provides for superannuation entitlements of married couples to be considered as an asset of the relationship available for distribution.

The Court can make an order splitting superannuation interests up to 100% of the entitlement of a member spouse to be paid to a non-member spouse.  The Family Court can also make orders to flag a superannuation interest rather than to immediately split it.

De-facto Relationships

De-facto partners are not able to seek orders to flag or split their superannuation entitlements.  These options are only available to parties who were legally married.

The Family Court is still required to consider the superannuation entitlement of both parties in a de-facto relationship when considering an application for property orders.